MINUTES

 DEVELOPMENT AUTHORITY                              LOWER ALLEN TOWNSHIP

 REGULAR MEETING                                              JULY 19, 2021

 

The following were in ATTENDANCE: 

AUTHORITY MEMBERS                                        TOWNSHIP PERSONNEL

Max Stoner, Chairman                                               Erin Trone, Township Assistant Manager

H. Edward Black, Vice Chairman                              Mary Ellen Banks, Recording Secretary

John Eby, Secretary                                                  Steven Miner, Solicitor

Salvatore F. Marone, Treasurer

Mark O’Shea                          

 

Max Stoner, Chairman called the meeting of the Lower Allen Township Development Authority to order at 6:02pm and announced Proof of Publication was available for review.

 

APPROVAL OF MINUTES OF JUNE 21, 2021

Mr. EBY made a motion to approve the minutes of the June 21, 2021 with change of date of minutes (at top of page) from May 17, 2021 to June 21, 2021.  Mr. MARONE seconded the motion. Motion carried, 5-0.

 

PUBLIC COMMENT

See below under Sale of Yetter Court Property.

 

ACTION: APPROVE CHECK REGISTER FROM JUNE 21, 2021- JULY 19, 2021

Mr. BLACK made a motion to approve the check register from June 21, 2021 – July 19, 2021. Mr. MARONE seconded the motion. Motion carried, 5-0.

 

DISCUSSION & ACTION: SALE OF YETTER COURT PROPERTY TO LOWER ALLEN TOWNSHIP

Mrs. Trone explained in the Board’s packet, there is a letter from the Township Manager, Mr. Vernau, concerning turning the property back to the Township to be used for solar panels.  She further explained that he had attended one of the Board’s meetings to explain this earlier. Discussion ensued:

• Mrs. Trone stated it had been discussed at the Monday night Board of Commissioner’s Meeting. Mr. Eby stated it was discussed in executive session and a motion was made afterwards to ask for this property to be turned back to the Township.
• Mr. Eby explained further about the two appraisals this Board had done; one was high and one lower; they also had several offers that did not go thru for one reason or another.
• Mrs. Trone stated the Board of Commissioners are looking to do something soon; they would like some action on this tonight which could possibly include asking some questions, etc.  
• Further Discussion ensued.

PUBLIC COMMENT:

Mr. Joseph Swartz, 1706 Letchworth Road, addressed the Board concerning this item. He stated as a resident he would like to voice his support to this project for the parcel to be returned to the Township to be used for the solar panels. He stated the potential benefit to the residents and the Township far outweighs any potential benefit that the parcel could impart through development; there is apparent difficulty to sell because of some of the topographical difficulties with the parcel. He feels it would show partnership with the Township to make this work and to save the residents a lot of money over the next few decades.

Additional discussion:

• The Board would like to have more information before making the final decision; i.e. what the tax amount would be that the Township would gain if sold, etc.
• Marone stated it is this Board’s responsibility to do due diligence on this proposal before moving forward with a decision. The Development Authority and the Township are one of the same; however, it is this Board’s responsibility to validate that they have done due diligence.
• Chairman Stoner talked about if the Board would sell to develop this property, they could make an agreement with the buyer to put the panels on the roof of their buildings.
• Solicitor Miner stated in order to do a sale, there would have to be a resolution prepared therefore, if you want to give him direction tonight, he could have the resolution prepared for the August meeting.
• Campbell stated he has some analysis that he can share with the Board.
• Trone will prepare more information for the Board for the August meeting.

 

Mr. EBY made a motion to authorize the solicitor to prepare a resolution in the affirmative to transfer the property at Yetter Court back to the Township subject to further discussion in the August meeting. Mr. MARONE seconded the motion. Motion carried, 5-0.

 

DISCUSSION & ACTION: APPROVE CHANGE ORDER DATED 6/9/2021 FOR LEER ELECTRIC IN THE AMOUNT OF $ 19,280.21.

Mrs. Trone explained this is because we are adding another box so that the street lights would be separate from the house lights. The street lights will be paid for by the Condominium rather than the Unit #3 owner. Mr. EBY made a motion to approve the change order dated 6/9/2021 for Leer Electric in the amount of $19,280.21.  Mr. BLACK seconded the motion. Motion carried, 5-0.

 

DISCUSSION: LOWER ALLEN COMMONS CONSTRUCTION UPDATE

Mrs. Trone explained in their packet there was an Eastern PCM job construction management progress report. There was a meeting last Thursday; however, she could not attend. Mr. Ritchey gave a more detailed update for the Board.

Staff Update:

• ARPA Funding – Mrs. Trone explained (American Recovery Plan Act) this is funding that is being given to the States; Lower Allen will receive one tranche now and another in a year; Lower Allen was eligible for a little over $2 million dollars. So, Lower Allen has received it’s first tranche which is a little over $1 million. There has not been much guidance as to what this is to be used for; however, some items that you can spend it on is stormwater, sewer, Covid-19 expenses, overtime pay for workers that had to work during Covid. Since this Board had a public sewer project, it could possibly be an expense that we could ask the Township for funding by asking the Board of Commissioners for help.
• Senate Bill 554 – Solicitor Miner explained this bill will affect Authorities like this because your agenda has to be posted on the website at least 24 hours before your meeting and you cannot take action on any items that are not posted there; the legislature is trying to make you be more transparent. This will affect any real estate offers coming in late so your real estate folks need to move more quickly and let you know ahead of time. This should be effective right around September 1^st.
• Senate Bill 552 – Solicitor Miner explained this is to limit the Right-to-Know requests and some places are really inundated with these; the reason they didn’t deal with this bill is because folks seeking free data from municipalities that they sell to other people which happens all the time and this bill didn’t deal with this – at least in the version that he had read. This bill did not go anywhere.

 

RECESS TO EXECUTIVE SESSION

The Regular Meeting of the Development Authority recessed into Executive Session to discuss real estate transactions for Lower Allen Commons @ 6:35pm.

 

RECONVENE REGULAR MEETING

The Regular Meeting of the Development Authority reconvened @ 7:30pm.

 

POSSIBLE ACTION: APPROVE LEASE WITH THE GOOD FEET STORE

Mr. EBY made a motion to approve the lease with the Good Feet Store and the rider subject to the

solicitor and staff approval. Mr. MARONE seconded the motion. Motion carried, 5-0.

 

POSSIBLE ACTION: APPROVE SALE LOWER ALLEN COMMONS UNIT 6

Mr. EBY made a motion to approve the sale of Lower Allen Commons, Unit 6, Bonefish Grill, to Dwayne Keller and Jeff Deppen for the sale price of $1,500,000 contingent upon completion of due diligence and closing by August 31^st, 2021; if not satisfactory and accomplished there be an additional amount of $7,500 due before closure in September. Mr. O’SHEA seconded the motion. Motion carried, 5-0.

 

DISCUSSION AND ACTION: ADOPT RESOLUTION 2021-01, AUTHORIZING THE SALE OF THE LAND KNOWN AS A PORTION OF 3525 AND 3515 GETTYSBURG ROAD, UNIT 4 IN CAMP HILL, PENNSYLVANIA AND AUTHORIZING THE AUTHORITY’S SOLICITOR TO PREPARE ALL SALES DOCUMENTATION AND AUTHORIZING THE PROPER BOARD OFFICIALS TO SIGN THE DOCUMENTS TO FACILITATE CLOSING OF THE SALE.

Mr. EBY made a motion to approve the 5^th amendment for the contract of sale between the Lower Allen Township Development Authority and Central PA Equities 31, LLC regarding Unit #4 and the key change is to lower the sale price from $2,800,000 to $2,750,000. Seconded by Mr. BLACK. Further explanation by Mr. Eby is the reason to be doing this is because there is going to be some responsibilities as us as the seller that are going to be assumed by the buyer and that is the reason for the $50,000 change. Motion carried, 5-0.

Mr. EBY made a motion to adopt Resolution 2021-01 authorizing the sale known as a portion of 3525 and 3515 Gettysburg Road, Unit 4 authorizing the authority’s solicitor to prepare all sales documentation and authorizing the proper board officials to sign the documents to facilitate closing of the sale with the solicitor amending the sales agreement to sync with the contract of sale agreement with Amendment 5. Mr. MARONE seconded the motion. Motion carried, 5-0.

Mr. EBY made a motion to authorize staff and solicitor, if asked, to extend the due diligence period for the sale of Lower Allen Commons Unit #1 and 2 to the Carlino Group up to 30 days. Mr. O’SHEA seconded the motion. For the purpose of discussion by Mr. Eby, the reason is because the Board has become aware that there is an asphalt versus plan drawing utility differential where the site utilities are located and the documents are still being worked on by BL; therefore, in all fairness to the Carlino Group, they do not have the information to complete the due diligence. Motion carried, 5-0.

 

NEXT MEETING OF THE DEVELOPMENT AUTHORITY

The next meeting of the Development Authority is scheduled for Monday August 16, 2021 at 6:00pm.

 

ADJOURNMENT

Mr. EBY made a motion to adjourn. Mr. O’SHEA seconded the motion. Motion carried, 5-0. Meeting adjourned at 7:42pm.